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  1. National Security Act, 2017 - S.C. 2019, c. 13 (Section 49.1)

     The Avoiding Complicity in Mistreatment by Foreign Entities Act, whose text is as follows and whose schedule is set out in the schedule to this Act, is enacted as follows:

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    Whereas Canada is a party to a number of international agreements that prohibit torture and other cruel, inhuman or degrading treatment or punishment, including the Geneva Conventions, the International Covenant on Civil and Political Rights and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

    Whereas torture is an offence under the Criminal Code, which Act also prohibits aiding and abetting the commission of torture, counselling the commission of torture, conspiring to commit torture, attempting to commit torture and being an accessory after the fact to torture;

    And whereas torture and other cruel, inhuman or degrading treatment or punishment of individuals are an affront to Canadian values and are opposed by the Government of Canada in the strongest terms;

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    2 The following definitions apply in this Act.

    mistreatment

    mistreatment  means torture or other cruel, inhuman or degrading treatment or punishment, within the meaning of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, signed at New York on December 10, 1984. (mauvais traitements)

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  2. National Security Act, 2017 - S.C. 2019, c. 13 (Section 49.1)

    [...]

     The Avoiding Complicity in Mistreatment by Foreign Entities Act, whose text is as follows and whose schedule is set out in the schedule to this Act, is enacted as follows:

    [...]

    [...]

    Whereas Canada is a party to a number of international agreements that prohibit torture and other cruel, inhuman or degrading treatment or punishment, including the Geneva Conventions, the International Covenant on Civil and Political Rights and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment;

    Whereas torture is an offence under the Criminal Code, which Act also prohibits aiding and abetting the commission of torture, counselling the commission of torture, conspiring to commit torture, attempting to commit torture and being an accessory after the fact to torture;

    And whereas torture and other cruel, inhuman or degrading treatment or punishment of individuals are an affront to Canadian values and are opposed by the Government of Canada in the strongest terms;

    [...]

    2 The following definitions apply in this Act.

    mistreatment

    mistreatment  means torture or other cruel, inhuman or degrading treatment or punishment, within the meaning of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, signed at New York on December 10, 1984. (mauvais traitements)

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  3. Crimes Against Humanity and War Crimes Act - S.C. 2000, c. 24 (SCHEDULE : Provisions of Rome Statute)

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    • 1 For the purpose of this Statute, crime against humanity means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

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      • (f) torture;

    • 2 For the purpose of paragraph 1:

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      • (e) torture means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to, lawful sanctions;

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    • 2 For the purpose of this Statute, war crimes means:

      • (a) grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:

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        • (ii) torture or inhuman treatment, including biological experiments;

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      • (c) in the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:

        • (i) violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture;


  4. Criminal Code - R.S.C., 1985, c. C-46 (Section 269.1)
    Marginal note:Torture
    •  (1) Every official, or every person acting at the instigation of or with the consent or acquiescence of an official, who inflicts torture on any other person is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years.

    • (2) For the purposes of this section,

      torture

      torture means any act or omission by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person

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      but does not include any act or omission arising only from, inherent in or incidental to lawful sanctions. (torture)

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  5. Immigration and Refugee Protection Act - S.C. 2001, c. 27 (Section 2)
    Marginal note:Definitions
    •  (1) The definitions in this subsection apply in this Act.

      Convention Against Torture

      Convention Against Torture means the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, signed at New York on December 10, 1984. Article 1 of the Convention Against Torture is set out in the schedule. (Convention contre la torture)

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